Virtual Library

The way in which mainstream human rights discourse speaks of such evils as the Holocaust, slavery, or apartheid puts them solidly in the past. Its elaborate techniques of "transitional" justice encourage future generations to move forward by creating a false assumption of closure, enabling those who are guilty to elude responsibility. This approach to history, common to late-twentieth-century humanitarianism, doesn't presuppose that evil ends when justice begins. Rather, it assumes that a time before justice is the moment to put evil in the past.

Merging examples from literature and history, Robert Meister confronts the problem of closure and the resolution of historical injustice. He boldly challenges the empty moral logic of "never again" or the theoretical reduction of evil to a cycle of violence and counterviolence, broken only once evil is remembered for what it was. Meister criticizes such methods for their deferral of justice and susceptibility to exploitation and elaborates the flawed moral logic of "never again" in relation to Auschwitz and its evolution into a twenty-first-century doctrine of the Responsibility to Protect.

Between Justice and Politics is a history of the first fifty years of the Ligue des droits de l'Homme—the League of the Rights of Man. This is the first book-length study of the Ligue in any language, and it is informed by the recently available archives of the organization. Founded during the Dreyfus Affair, the Ligue took as its mandate the defense of human rights in all their forms. The central argument of this book—and the point on which it differs from all other writings on the subject—is that the Ligue often failed to live up to its mandate because of its simultaneous commitment to left-wing politics. By the late 1930s the Ligue was in disarray, and by the 1940s a number of its members opted to defend the Vichy regime of Marshal Petain.

Tracing the concept of human rights in Chinese political discourse since the late Qing dynasty, this comprehensive history convincingly demonstrates that-contrary to conventional wisdom-there has been a vibrant debate on human rights throughout the twentieth century. Drawing on little-known sources, Marina Svensson argues that the concept of human rights was invoked by the Chinese people well before the adoption of the Universal Declaration of Human Rights in 1948, and that it has continued to have strong appeal after 1949, both in Taiwan and on the mainland. These largely forgotten debates provide important perspectives on and contrasts to the official PRC line. The author gives particular attention to the issues of power and agency in describing the widely divergent views of official spokespersons, establishment intellectuals, and dissidents. Until quite recently the PRC dismissed human rights as a bourgeois slogan. Yet the globalization of human rights and the growing importance of the issue in bilateral and multilateral relations have forced the regime to embrace, or rather appropriate, the language of human rights, an appropriation that continues to be vigorously challenged by dissidents at home and abroad. By exploring the relationship between domestic and international human rights discourses, this study offers new insights not only into the Chinese but also into the Western human rights debate. Students and scholars of China and of human rights will find this work an important tool for understanding one of the great issues of our time.

Micheline Ishay recounts the dramatic struggle for human rights across the ages in a book that brilliantly synthesizes historical and intellectual developments from the Mesopotamian Codes of Hammurabi to today's era of globalization. As she chronicles the clash of social movements, ideas, and armies that have played a part in this struggle, Ishay illustrates how the history of human rights has evolved from one era to the next through texts, cultural traditions, and creative expression. Writing with verve and extraordinary range, she develops a framework for understanding contemporary issues from the debate over globalization to the intervention in Kosovo to the climate for human rights after September 11, 2001. The only comprehensive history of human rights available, the book will be essential reading for anyone concerned with humankind's quest for justice and dignity.

Ishay structures her chapters around six core questions that have shaped human rights debate and scholarship: What are the origins of human rights? Why did the European vision of human rights triumph over those of other civilizations? Has socialism made a lasting contribution to the legacy of human rights? Are human rights universal or culturally bound? Must human rights be sacrificed to the demands of national security? Is globalization eroding or advancing human rights? As she explores these questions, Ishay also incorporates notable documents--writings, speeches, and political statements--from activists, writers, and thinkers throughout history.

Michael Ignatieff draws on his extensive experience as a writer and commentator on world affairs to present a penetrating account of the successes, failures, and prospects of the human rights revolution. Since the United Nations adopted the Universal Declaration of Human Rights in 1948, this revolution has brought the world moral progress and broken the nation-state's monopoly on the conduct of international affairs. But it has also faced challenges. Ignatieff argues that human rights activists have rightly drawn criticism from Asia, the Islamic world, and within the West itself for being overambitious and unwilling to accept limits. It is now time, he writes, for activists to embrace a more modest agenda and to reestablish the balance between the rights of states and the rights of citizens.

Ignatieff begins by examining the politics of human rights, assessing when it is appropriate to use the fact of human rights abuse to justify intervention in other countries. He then explores the ideas that underpin human rights, warning that human rights must not become an idolatry. In the spirit of Isaiah Berlin, he argues that human rights can command universal assent only if they are designed to protect and enhance the capacity of individuals to lead the lives they wish. By embracing this approach and recognizing that state sovereignty is the best guarantee against chaos, Ignatieff concludes, Western nations will have a better chance of extending the real progress of the past fifty years. Throughout, Ignatieff balances idealism with a sure sense of practical reality earned from his years of travel in zones of war and political turmoil around the globe.

Based on the Tanner Lectures that Ignatieff delivered at Princeton University's Center for Human Values in 2000, the book includes two chapters by Ignatieff, an introduction by Amy Gutmann, comments by four leading scholars--K. Anthony Appiah, David A. Hollinger, Thomas W. Laqueur, and Diane F. Orentlicher--and a response by Ignatieff.

Has there always been an inalienable "right to have rights" as part of the human condition, as Hannah Arendt famously argued? The contributions to this volume examine how human rights came to define the bounds of universal morality in the course of the political crises and conflicts of the twentieth century. Although human rights are often viewed as a self-evident outcome of this history, the essays collected here make clear that human rights are a relatively recent invention that emerged in contingent and contradictory ways. Focusing on specific instances of their assertion or violation during the past century, this volume analyzes the place of human rights in various arenas of global politics, providing an alternative framework for understanding the political and legal dilemmas that these conflicts presented. In doing so, this volume captures the state of the art in a field that historians have only recently begun to explore.

In this timely study of the historical, ideological, and formal interdependencies of the novel and human rights, Joseph Slaughter demonstrates that the twentieth-century rise of "world literature" and international human rights law are related phenomena.

Slaughter argues that international law shares with the modern novel a particular conception of the human individual. The Bildungsroman, the novel of coming of age, fills out this image, offering a conceptual vocabulary, a humanist social vision, and a narrative grammar for what the Universal Declaration of Human Rights and early literary theorists both call "the free and full development of the human personality."

Revising our received understanding of the relationship between law and literature, Slaughter suggests that this narrative form has acted as a cultural surrogate for the weak executive authority of international law, naturalizing the assumptions and conditions that make human rights appear commonsensical. As a kind of novelistic correlative to human rights law, the Bildungsroman has thus been doing some of the sociocultural work of enforcement that the law cannot do for itself.

Slaughter raises important practical and ethical questions that we must confront in advocating for human rights and reading world literature--imperatives that, today more than ever, are intertwined.

How were human rights invented, and how does their tumultuous history influence their perception and our ability to protect them today? From Professor Lynn Hunt comes this extraordinary cultural and intellectual history, which traces the roots of human rights to the rejection of torture as a means for finding the truth. She demonstrates how ideas of human relationships portrayed in novels and art helped spread these new ideals and how human rights continue to be contested today.

A la fois théorique et pratique, le livre de Mireille Delmas-Marty propose une recomposition des paysages juridiques nationaux et internationaux. L’auteur plaide pour un droit commun, dans tous les sens du terme: accessible à tous au lieu d’être réservé aux seuls interprètes officiels, commun également aux différents secteurs du droit malgré la spécialisation croissante; commun enfin à divers États, qui n’abandonneraient pas pour autant leur identité. Sans renoncer aux acquis de la pensée juridique traditionnelle, Mireille Delmas-Marty montre que la rigueur du raisonnement peut aussi s’appliquer à des objets instables ou imprécis. Partant des droits de l’homme, l’auteur propose de fonder un droit des droits dont l’objectif serait de rapprocher, et non d’unifier, les différents systèmes.

This pioneering book demonstrates how different traditions of sociological thought can contribute to an understanding of the theory and practice of rights. It provides a sociological treatment of a wide range of substantive issues but never loses sight of the key theoretical questions.

It:

• considers some varied cases of public intervention, including welfare, caring, mental health provisions, pensions, justice and free speech alongside the rights issues they raise
• examines the question of rights from the point of view of distinctive population groups, such as prisoners and victims, women, ethnic minorities, indigenous peoples and lesbians and gays. 

A key strength is its detailed presentation and analysis of different aspects of rights and its exploration of a variety of analytical perspectives. Rights are viewed, not in terms of ethical certainty, but as the product of social processes and part of shifting terrain which is open to negotiation.

Including a theoretical critique of existing perspectives, Rights offers a diverse and detailed exploration of the contribution sociological thought can make to this increasingly important aspect of social life and is an invaluable aid to students studying in this area.